Editorial | Summer Melton The Issue on the Table: The Electoral College
On January 11, 2021, a Joint Resolution was introduced in the House of Representatives to abolish the U.S. Electoral College. Led by Tennessee Representative Steven Cohen, the Resolution proposes that an amendment be made to the United States Constitution jettisoning the Electoral College and instead providing for the direct election of the President and Vice President. This isn’t the first time such a resolution was introduced. Earlier versions of the Joint Resolution were introduced in 2016, 2017, and 2019. The main argument behind the proposal is the development of the human mind and technology. The Resolution argues that the Electoral College was established during a time when it was difficult for citizens in one state to learn about presidential candidate from out-of-state, whereas now, mass media and the internet make information about all Presidential candidates easily accessible to people across the country and around the world - though it can sometimes be difficult to sort between real and fake news. Nonetheless, times have changed, and many believe the election system should too. So what is the Electoral College? Established in Article II, Section 1 of the Constitution, the Electoral College is the formal body, made up of each state’s – and the District of Columbia’s – electors, that chooses the President and Vice President of the United States. Every four years, this body of electors meets for the
sole purpose of electing them. During the general election, the popular, or public, vote helps determine the State’s electors. When you vote for a Presidential candidate, you are telling your State which candidate you want your State electors to vote for at the Electoral College meeting. Each state gets two at-large electors and one elector for each congressional district. The number of congressional districts in a state is based on the number of people in that state. There are 538 elector votes that make up the Electoral College and a candidate needs a minimum of 270 of those votes to win the election. Tennessee has 9 congressional districts, so it has 11 of the total 538 elector votes. Tennessee’s electors, like those in many other states, are chosen by the political party that wins the popular vote during the general election. By law, Tennessee is a winner-take-all state. In other words, if the majority of voters in Tennessee vote for the Republican Presidential candidate, then the Republican candidate gets to choose all of the electors from Tennessee that will go to the Electoral College meeting. So, why would anyone want to change the system? The biggest criticism of the electoral college system is the possibility that the winner of the Presidential election might not be the candidate with the most popular votes. We experienced this recently in 2016 when Donald Trump was elected President despite Hillary Clinton winning the popular vote. The same happened in over a dozen other Presidential elections. Abraham Lincoln, Rutherford Hayes, Benjamin Harrison and George W. Bush were all elected President despite receiving
less popular votes than their competitors. Another criticism of the Electoral College is that the process can result in a tie. Alexander Hamilton is one of the many supporters of the Electoral college, and if you’ve ever listened to Hamilton, you won’t be surprised to know that the electoral college system didn’t work out for Aaron Burr. In 1800, and only one of three times in history, Thomas Jefferson and Aaron Burr faced an “electoral tie” and the House of Representatives had to step in to choose a candidate. Once Hamilton endorsed Jefferson, Jefferson won in the House “in a landslide.” Thomas Jefferson was satisfied. What would it take to change the system? Article V of the Constitution provides two ways to propose amendments to the Constitution: (1) “Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution,” or (2) “on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments.” Needless to say, the process is onerous, and completion is rare. When it comes to amending to the Constitution in relation to the Electoral College, many believe it is unlikely, “[b]ecause many smaller states fear that eliminating the electoral college would reduce their electoral influence[.]” Regardless of what system you think is best, remember to get out there and vote. Let them know who you’re against and who you’re for! n SUMMER MELTON practices at McAngus Goudelock & Courie focusing on litigation matters in the firm’s Nashville office.
JUNE/JULY 2022 | NASHVILLE BAR JOURNAL
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